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The guidance notes for Model Byelaws Set 6 should be consulted when using these
Model Byelaws.

                      MODEL BYELAWS – SET 6



                              [Name of Council]

                    BYELAWS FOR THE SEASHORE

                       ARRANGEMENT OF BYELAWS

1. Interpretation
2. [Application]
3. [Application]
4. [Application]
5. Fishing
6. Sandlines
7. Bait digging [ - to prohibit bait digging within a limited area]
8. Bait digging [ - to regulate commercial bait digging]
9. Horse riding [ - to regulate breaking in, etc generally]
10. Horse riding [ - to regulate times at which breaking in, etc is permitted]
11. Public shows and performances
12. Games [ - to regulate games or sports generally]
13. Games [ - games or sports only permitted in designated areas]
14. Trading
15. Fires
16. Parties
17. Aircraft
18. Kites and kite-buggies
19. Unauthorised erection of structures
20. Removal of signs and structures
21. Interference with life-saving appliances
22. Obstruction
23. Savings [ - for acts done by Council officers and contractors]




                                                                      DCLG (JUNE 2006)
24. Savings [ - to protect rights of the Crown [and, where relevant, the Duchy of
   Cornwall]
25. Penalty
26. Revocation of byelaws


[SCHEDULE - areas of seashore to which byelaws apply]




                                       2                    DCLG (JUNE 2006)
Byelaws made under section 82 of the Public Health Acts Amendment Act 1907 by
insert name of Council for the prevention of danger, obstruction, or annoyance to
persons using the seashore.


Interpretation
1. In these byelaws:

Select from the following list only terms to be used in the model byelaws which the
Council proposes to adopt:

       ―the Council‖ means insert name of Council;

       ―designated area‖ means an area of the seashore which is set aside for a
       specified purpose, that area and purpose to be indicated by notices placed in
       a conspicuous position;

       ―seashore‖ means all that area of beach and foreshore including all steps,
       ramps, paths and jetties from time to time situated [above the level of low
       water mark of medium tides/between the level of low water mark of medium
       tides and the promenade];

       ―restricted area‖ means such parts of the seashore between insert details of
       landmark and insert details of landmark as lie above the low water mark.

Application
Councils should adopt ONE of model byelaws 2, 3 and 4 only
Byelaws to apply to all seashore in the area
2.     These byelaws apply to all areas of seashore that                 border   the
       [District/Borough, etc] of insert name of local authority area.

Byelaws to apply to one beach or part of a beach

3.     These byelaws apply to insert name or description of beach/the area of
       seashore lying between describe by reference to landmarks on insert name or
       description of beach.

Byelaws to apply to several areas of seashore

4.     These byelaws apply to the areas of the seashore listed in the Schedule.

Fishing

5.     No person shall fish from the seashore in such a manner as to cause danger,
       obstruction or annoyance to any person using the seashore.




                                          3                   DCLG (JUNE 2006)
Sandlines

6.     No sandlines shall be laid in such a position as to be likely to cause injury to
       any person using the seashore, and all sandlines shall be visibly marked.

Bait digging

To prohibit bait digging within a limited area

7.     No person shall dig for fishing bait within the restricted area.

To regulate commercial bait digging

8.     No person shall dig for fishing bait for commercial purposes except with the
       consent of the Council.

Horse riding

To regulate breaking in, etc generally

9.     No person shall break in or ride or drive any horse or other animal on the
       seashore in such a manner as to cause danger or annoyance to any other
       person.

To regulate times at which breaking in, etc is permitted

10.    No person shall break in or ride or drive any horse or other animal on the
       seashore on [name days and] between the hours of insert times.

Public shows and performances

11.    (1)     No person shall deliver any lecture, sermon or speech or perform any
               music, or hold any entertainment except in a designated area for such
               performances.

       (2)     No person shall use any designated area for performances in such a
               manner as to cause obstruction or annoyance to any person using it
               for any purpose for which it has been set apart.

Games

To regulate games or sports generally

12.    No person shall on the seashore play or participate in any game or sport so
       as to cause danger, obstruction or annoyance to any person.

Games or sports only permitted in designated areas

13.    (1)     Where the Council has set aside a designated area for a particular
               sport or game, no person shall participate in that game or sport except
               in the designated area.

       (2)     No person shall obstruct any person from using a designated
               area for the purpose for which it is set aside.



                                            4                     DCLG (JUNE 2006)
Trading

14.     No person shall—

        (a)    sell or hawk any article or any food or drink;

        (b)    advertise or solicit custom for any service; or

        (c)    distribute handbills, circulars or advertisements,

        in such a manner as to cause obstruction or annoyance to any person on the
        seashore.

Fires

15.     (1)    No person shall on the seashore light a fire, or place, throw or drop a
               lighted match or any other thing likely to cause a fire.

        (2)    Byelaw 15(1) shall not apply―

               (i)    in a designated area for barbecues, to the lighting or use in
                      such a manner as to safeguard against damage or danger of a
                      properly constructed camping stove or barbecue in such a
                      manner as to safeguard against damage or danger; or

               (ii)   to the lighting of a fire on the seashore with the consent of the
                      Council.

Parties

16.     (1)    No person shall hold a party on the seashore without the consent of
               the Council.

        (2)    In byelaw 16(1), ―party‖ means an event attended by 15 or more
               people at which music will be played.

Aircraft

17.     No person shall except in cases of emergency start, take, off or land an
        aircraft on any part of the seashore except on such part as―

        (a)    is designated by the Council for the starting, taking off or landing of
               aircraft; and

        (b)    is licensed by the Civil Aviation Authority as an aerodrome.

Kites and kite buggies

18.     No person shall on the seashore fly any kite or drive any vehicle powered by
        a kite in such a manner as to cause danger, nuisance or annoyance to any
        other person on the seashore.




                                           5                        DCLG (JUNE 2006)
Unauthorised erection of structures

19.    (1)    No person shall erect or place on the seashore any booths, tents,
              sheds, stands, stalls, shows, exhibitions, swings, roundabouts, or any
              other structure, whether fixed or movable, except in a designated area
              for such structures.

       (2)    Byelaw 19(1) shall not apply to the use of personal windbreaks.

Removal of signs and structures

20.    No person shall without reasonable excuse remove from the seashore or
       displace any barrier, post or seat or any part of any structure or ornament or
       any notice or flag displayed by or on behalf of the Council or any other
       competent authority.

Interference with life-saving appliances

21.    No person shall except in case of emergency remove from the seashore or
       displace any life-saving appliance provided by or on behalf of the Council or
       any other competent authority.

Obstruction

22.    No person shall on the seashore―

       (a)    obstruct any officer of the Council in the proper execution of his duties;

       (b)    obstruct any person carrying out an act which is necessary to the
              proper execution of a contract with the Council.
Savings

Savings for acts done by Council officers and contractors

23.    It shall not be an offence under these byelaws for an officer of the Council to
       do anything necessary to the proper execution of his duty of for any person
       acting in accordance with a contract with the Council to do anything
       necessary to the proper execution of that contract.

Savings to protect rights of the Crown and, where relevant, the Duchy of Cornwall

24.    Nothing in or done under these byelaws shall―

       (a)    operate as a grant by or on behalf of the Crown [or the Duchy of
              Cornwall] as owner of the foreshore below high water mark of any
              estate or interest in or right over the foreshore or any part of it;

       (b)    prejudice the rights and interests of the Crown [or the Duchy of
              Cornwall];

       (c)    prevent the exercise of any public rights; or

       (d)    affect any right, power or privilege legally exercisable by any person
              in, over and in respect of the foreshore.



                                          6                      DCLG (JUNE 2006)
Penalty

25.   Any person offending against any of these byelaws shall be liable on
      summary conviction to a fine not exceeding level 2 on the standard scale.

Revocation of byelaws

26.   The byelaws relating to the seashore which were made by insert name on
      insert date and confirmed by insert name of confirming authority on insert
      date byelaws of confirmation are revoked.




                                      7                    DCLG (JUNE 2006)
             SCHEDULE
[AREAS OF SEASHORE TO WHICH BYELAWS APPLY]




                 8              DCLG (JUNE 2006)

				
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